APPROVED

COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

Tuesday, June 10, 2014

The County Council for Montgomery County, Maryland convened in the Council

Hearing Room, Stella B. Werner Council Office Building, Rockville, Maryland, at 9:38 A.M.

on Tuesday, June 10, 2014.

PRESENT

Councilmember Craig Rice, President Councilmember George Leventhal, Vice President

Councilmember Phil Andrews Councilmember Roger Berliner

Councilmember Cherri Branson Councilmember Marc Elrich

Councilmember Nancy Floreen Councilmember Nancy Navarro

Councilmember Hans Riemer

The President in the Chair.

The Council held a moment of silence.

SUBJECT: Proclamation recognizing the heroic life-saving efforts of Lucy Luseni

The proclamation was presented by Ms. Navarro to Ms. Lucy Luseni.

SUBJECT: Proclamation recognizing June 19, 2014, as Juneteenth Day in Montgomery

County

The proclamation was presented by Ms. Branson to Mr. James Stowe, Director,

County Office of Human Rights, and others.

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SUBJECT: General Business

Reference: Agenda Item 1

Agenda and Calendar Changes

There were no changes.

Receipt of Petitions

There were no petitions.

Index

SUBJECT: Consent Calendar

Reference: Agenda Items 2A-2F

Approved the consent calendar items listed below:

Introduced/Suspended Rules/Adopted Resolution 17-1124, supporting state

financing for new construction of the Silver Spring Library residences project;

Analyst Packet

Introduced a resolution to approve the Tax Supported Fiscal Plan Summary for

FY15-20 Public Services Program;

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Adopted Resolution 17-1125, approving a supplemental appropriation to the

County Government's FY14 Operating Budget, Department of Health and Human

Services - $487,321 for Resource Coordination/Targeted Case Management

Program;

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Adopted Resolution 17-1126, approving Declaration of No Further Need:

Disposition of two parcels at Gude Landfill site; and

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Adopted Resolution 17-1127, amending Resolution 17-1111 for the FY15

Designation of Entities for Non-Competitive Award Status: World Organization

for Resource Development and Education (WORDE).

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Mr. Andrews made the motion, which carried unanimously.

SUBJECT: Executive Regulation 8-14, Water Quality Protection Charge

Reference: Agenda Item 3

Participating in the discussion was Mr. Hoyt, Director, Department of

Environmental Protection (DEP).

Mr. Berliner, Chair of the Transportation, Infrastructure, Energy and Environment

(T&E) Committee, and Mr. Levchenko, Senior Legislative Analyst, presented an

overview of the subject Executive Regulation, as contained in the staff packet.

Supported the staff recommendation, as found of page 3 of the staff packet, that

the strategy of creating a base and incremental rate, and arbitrarily setting these

rates at 20 percent and 80 percent respectively, is problematic and that instead

there should be an increase in the credits for on-site environmental site design

(ESD).

Noted that because property tax bills must be mailed out shortly, if a quick turn-

around of a redrafted Regulation is not possible, a temporary regulation could be

issued to increase the credit ceiling for on-site ESD stormwater management

practices for this upcoming property tax bill cycle.

Recommended deferring action on Executive Regulation 8-14 until the amended

version is received.

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COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND

SITTING AS A DISTRICT COUNCIL FOR THAT PORTION

OF THE MARYLAND-WASHINGTON REGIONAL DISTRICT

WITHIN MONTGOMERY COUNTY

SUBJECT: Zoning Text Amendment (ZTA) 14-07, Accessory Commercial Kitchen -

Standards

Reference: Agenda Item 4

Introduced draft #1 of the subject ZTA, sponsored by Councilmember Leventhal.

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A public hearing is scheduled for July 15, 2014, at 1:30 P.M.

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COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

LEGISLATIVE SESSION - Day # 15

Introduction of Bills

SUBJECT: Expedited Bill 35-14, Weapons - Discharge of Bows - Amendments

Reference: Agenda Item 5

Introduced draft #1 of the subject bill, sponsored by Councilmembers Leventhal,

Berliner, and Rice.

A public hearing is scheduled for July 15, 2014, at 1:30 P.M.

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Call of Bills for Final Reading

SUBJECT: Bill 6-14, Environmental Sustainability - Office of Sustainability -

Established

Reference: Agenda Item 6A

Participants in the discussion were Mr. Hoyt and Mr. Edwards, Chief, Division of

Environmental Policy and Compliance, DEP.

Mr. Berliner reviewed the Committee’s recommendation, as contained in the staff

packet.

Mr. Riemer made a motion to introduce an amendment, as shown on ©88,

requiring DEP to create a County Tree Planting Program by Method 2 regulation.

After discussion with DEP staff that a regulation at this time was not warranted,

Mr. Riemer withdrew his amendment. Agreed to have annual reviews with DEP

to ensure that tree canopy and planting goals are being met and that the public is

informed and engaged.

Supported the redraft of the subject bill including Committee and staff proposed

amendments, as shown on ©1-23. Added the definition of “sustainability”:

“Sustainability means the creation and maintenance of conditions under which

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humans and nature can exist in productive harmony and permit fulfilling the

social, economic, and other requirements of present and future generations,” as

shown on ©5, lines 106-108.

Supported changing the reporting deadlines from January 15 to February 1

throughout the bill, as requested by Executive staff, and changing the reporting

requirements in that the Office of Sustainability in DEP and the Office of Energy

and Sustainability in the Department of General Services (DGS) would be

required to report to the Council.

Supported staff’s recommendation to incorporate the following technical

modification to the report required by DGS to conform with other amendments

recommended by the Committee, as shown on ©15, lines 370-373:

(4) steps taken in the preceding year to implement the energy unit

savings plan and energy cost savings plan for [[each County

building]] the County’s portfolio of buildings as required under

Section 8-14B.

Enacted draft #3 of Bill 6-14, as amended and contained on page 10 of these

minutes.

The T&E Committee made the motion, and the bill was enacted by a roll call

vote:

YEAS: Elrich, Berliner, Navarro, Riemer, Floreen, Andrews, Leventhal, Rice

ABSENT: Branson (temporarily).

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SUBJECT: Bill 8-14, Buildings - County Buildings - Clean Energy Renewable

Technology

Reference: Agenda Item 6B

Participants in the discussion were Mr. Dise, Director, and Mr. Coffman, Chief,

Division of Environmental Stewardship, DGS.

Mr. Berliner reviewed the Committee’s recommendation, as contained in the staff

packet.

Mr. Elrich requested that a cost differential and breakdown of criteria be provided

between silver and gold Leadership in Energy and Environmental Design (LEED)

certified County buildings.

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Mr. Leventhal requested that a cost comparison on the sources of renewable

energy be provided as County Government moves toward 100 percent of electric

power usage being supplied with renewable energy.

Requested that the Council be briefed on the issue of the next steps to take to

further green building initiatives and renewable energy and needed modifications

to the Zoning Ordinance to support those efforts.

Enacted draft #2 of Bill 8-14, as contained on page 23 of these minutes.

The T&E Committee made the motion and the bill was enacted by a roll call vote:

YEAS: Elrich, Branson, Berliner, Navarro, Riemer, Floreen, Andrews,

Leventhal, Rice

SUBJECT: Report of the Charter Review Commission

Reference: Agenda Item 7

Received a summary of the recommendations in the 2014 Report of the Charter

Review Commission from Ms. Mahoney Matthews, Chair, and other members of

the Commission.

Received a summary from Ms. Nash Dillon of the Commission’s minority view

not in support of the creation of a Police Civilian Review Board because of the

absence of hard data required to justify implementing such a comprehensive and

expensive program. Ms. Branson, as a former member of the Commission,

presented background on the issue and stated her support of a Police Civilian

Review Board.

Noted that the next Commission may want to consider reducing the meetings

from monthly to bi-monthly or quarterly, and suggested more public outreach

might help increase the diversity of Commission membership and involvement in

the work of the Commission.

Certificates of appreciation were distributed acknowledging the dedication and

hard work of the Commission members.

The Council will conduct a public hearing on the Commission’s recommendations

on July 8, 2014, at 11:00 A.M.

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The Council recessed at 11:26 A.M. and reconvened at 1:35 P.M.

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SUBJECT: Public Hearing on the Bethesda Purple Line Station Sectional Map

Amendment (G-961)

Reference: Agenda Item 8

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business June 12, 2014.

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SUBJECT: Public Hearing on the Long Branch Sectional Map Amendment (G-962)

Reference: Agenda Item 9

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business June 12, 2014.

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SUBJECT: Public Hearing on Expedited Bill 23-14, Retirement Plans - Definitions -

Administration - Amendments

Reference: Agenda Item 10

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business June 12, 2014.

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SUBJECT: Public Hearing on Expedited Bill 24-14, Property Tax Credit - Accessibility

Features - Eligible Features

Reference: Agenda Item 11

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business June 12, 2014.

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SUBJECT: Public Hearing on Expedited Bill 25-14, Forest Conservation - Amendments

Reference: Agenda Item 12

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business July 16, 2014.

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SUBJECT: Public Hearing on Bill 27-14, Schools and Camps - Career Pathways

Program

Reference: Agenda Item 13

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business June 25, 2014.

Analyst Packet

SUBJECT: Public Hearing on Bill 30-14, Streets and Roads - Right-of-way Permit - Fee -

Exemption

Reference: Agenda Item 14

The public hearing was conducted. Additional material for the Council’s

consideration should be submitted by the close of business July 16, 2014.

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SUBJECT: Public Hearing/Action on a Supplemental appropriation to the County

Government's FY14 Operating Budget, Department of General Services -

$508,980 for Insurance Loss Reimbursement

Reference: Agenda Item 15

The public hearing was held and the record closed.

Adopted Resolution 17-1128, approving the subject supplemental appropriation,

in the amount of $508,980.

Mr. Berliner made the motion, which carried unanimously.

Analyst Packet

SUBJECT: Public Hearing/Action on a Supplemental appropriation to the County

Government's FY14 Operating Budget, Department of Transportation -

$22,377,765 and Department of General Services - $7,531,880 for Snow

Removal/Wind and Rain Storm Cleanup

Reference: Agenda Item 16

The public hearing was held and the record closed.

Adopted Resolution 17-1129, approving the subject supplemental appropriations,

in the amounts of $22,377,765 and $7,531,880.

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Mr. Berliner made the motion, which carried unanimously.

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SUBJECT: Public Hearing/Action on a Supplemental appropriation to the FY14 Capital

Budget and amendment to the FY13-18 Capital Improvements Program,

MCPS - $3,384,239 for Technology Modernization

Reference: Agenda Item 17

The public hearing was held and the record closed.

Adopted Resolution 17-1130, approving the subject supplemental appropriation,

in the amount of $3,384,239.

Mr. Berliner made the motion, which carried unanimously.

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The meeting adjourned at 2:23 P.M.

This is an accurate account of the meeting:

Approved and Signed by the Clerk

_____________________________________

Linda M. Lauer, Clerk of the Council

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Bill No. 6-14 Concerning: Environmental

Sustainability – Office of Sustainability - Established

Revised: 4/17/2014 Draft No. 3 Introduced: January 28, 2014 Enacted: June 10, 2014 Executive: Effective: Sunset Date: None Ch. , Laws of Mont. Co.

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal, and

Councilmembers Andrews, and Navarro

AN ACT to:

(1) create a Office of Sustainability in the Department of Environmental Protection;

(2) create a Office of Energy and Sustainability in the Department of General

Services;

(3) specify the duties of [[the Office]] these Offices;

[[(3)]] (4) repeal and reassign the duties of the Sustainability Working Group; and

[[(4)]] (5) generally amend County law on environmental sustainability.

By amending

Montgomery County Code

Chapter 8, Buildings

Section 8[[A]]-14B

Chapter 18A, Environmental Sustainability

Sections 18A-12, 18A-13, 18A-14, 18A-15, 18A-16, 18A-17, 18A-19, 18A-20, and 18A-

23

Chapter 40, Real Property

Section 40-13B

By deleting

Chapter 8, Buildings

Section 8-14C and 8-53

Chapter 18A, Environmental Sustainability

Sections 18A-15 and 18A-16

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The County Council for Montgomery County, Maryland approves the following Act:

Sec. 1. Sections 8-14B, 18A-12, 18A-13, 18A-14, 18A-15, 18A-16, 18A-17, 18A-19,

18A-20, 18A-23, and Section 40-13B are amended, and Sections 8-14C, 8-53, 18A-15, and

18A-16 are deleted as follows:

8-14B. County buildings - energy unit savings plans, energy cost savings plans, and energy

performance contracts.

(a) Definitions. In this Section, the following words have the meanings indicated:

[“]County building[”] means a building which is owned or leased by the County.

[“]Energy baseline[”] means the amount of energy consumed each year by a

County building based on historical metered data, engineering calculations,

submetering of buildings or energy consuming systems, building load simulation

models, statistical regression analysis, or any combination of those methods.

[“]Energy cost savings plan[”] means a plan to reduce a County building’s energy

costs, including related operation and maintenance costs.

[“]Energy performance contract[”] means a contract which provides for the

performance of services for the design, acquisition, installation, testing, operation,

maintenance, or repair of an identified energy conservation measure or series of

measures in a County building.

[“]ENERGY STAR rating[”] means the ENERGY STAR rating developed by the

federal Environmental Protection Agency which reflects a building’s energy

efficiency.

[“]Energy unit savings plan[”] means a plan to reduce the amount of energy used

by a County building, as measured in kilowatt hours or British thermal units.

[“]National energy performance rating system[”] means the rating system

developed by the federal Environmental Protection Agency under which a

building may obtain the ENERGY STAR rating.

Office of Energy and Sustainability or Office means the Office of Energy and

Sustainability in the Department of General Services created under Section 18A-

[[13]]14.

[“Sustainability Working Group” means the Group defined in Section 18A-13.]

(b) Requirements. The Office of Energy and Sustainability [Working Group] must:

(1) develop an energy baseline, energy unit savings plan, and energy cost

savings plan for each County building;

(2) submit an initial report to the County Executive and County Council by

[[January 15,]] [2009] February 1, 2015 which summarizes the energy

Boldface Heading or defined term. Underlining Added to existing law by original bill. [Single boldface brackets] Deleted from existing law by original bill. Double underlining Added by amendment. [[Double boldface brackets]] Deleted from existing law or the bill by amendment. * * * Existing law unaffected by bill.

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baseline, energy unit savings plan, and energy cost savings plan for each

County building; and

(3) submit an annual report to the County Executive and County Council by

[[January 15]] February 1 of each year that summarizes the steps taken in

the preceding fiscal year to implement the energy unit savings plan and

energy cost savings plan for each County building.

(c) Energy performance contracts. Each energy unit savings plan and energy cost

savings plan that the [Sustainability Working Group] Office prepares under

subsection (b) must include a plan to use an energy performance contract unless

the [Sustainability Working Group] Office finds that the cost of using an energy

performance contract outweighs the benefit.

[8-14C. Private buildings - incentives.]

[(a) Study. The Sustainability Working Group must evaluate:

(1) options for creating incentives for the owners of commercial, multi-family

residential, or single-family residential buildings to modify the buildings

to increase their energy efficiency and

(2) options to minimize the impact on affordable housing of achieving the

ENERGY STAR rating under the national energy performance rating

system.

(b) Report. The Sustainability Working Group must submit a report to the County

Executive and County Council by January 15, 2009 regarding the Group’s

findings and recommendations.]

[8-53. ASHRAE/USGBC/IESNA standards.]

[(a) Definitions.

“ASHRAE/USGBC/IESNA Standard 189.1" means the standard for high-

performance green buildings developed by the American Society of Heating,

Refrigerating and Air-Conditioning Engineers, the U.S. Green Buildings Council,

and the Illuminating Engineering Society of North America.

(b) The Sustainability Working Group must:

(1) evaluate the costs and benefits of adopting the ASRAE/USGBVC/IESNA

Standard 189.1; and

(2) recommend to the County Executive and County Council by January 15,

2009, whether the County should adopt the ASHRAE/USGBC/IESNA

Standard 189.1, particularly the energy efficiency section, or any other

building performance standard.]

18A-12. Definitions.

In this Article, the following words have the meanings indicated:

[“]Cap and trade program[”] means a program that places a limit on the aggregate net

greenhouse gas emissions of the participants, while allowing the transfer or sale of

greenhouse gas emission allowances.

[“]Carbon dioxide equivalent[”] means a given weight of a greenhouse gas that has the

same global warming potential, measured over a specified time, as a given weight of

carbon dioxide.

[“]Climate Protection Plan[”] means the plan to reduce the level of Countywide

greenhouse gas emissions prepared under Section 18A-[[14]]15.

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[“]Countywide greenhouse gas emissions[”] means the total annual greenhouse gas

emissions in the County, measured in tons of carbon dioxide equivalents, including all

emissions from electricity generated outside the County but consumed in the County.

[“]Department[”] means the Department of Environmental Protection.

[“]Director[”] means the Director of the Department or the Director’s designee.

[“]Greenhouse gas[”] includes carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or

substance the Director finds to be a significant contributor to global warming.

Home Energy Score means an evaluation of the energy efficiency of a home using the

process developed by the United States Department of Energy.

[[Office of Sustainability or Office means the Office of Sustainability created in Section

18A-13.]]

Sustainability means the creation and maintenance of conditions under which humans

and nature can exist in productive harmony and permit fulfilling the social, economic,

and other requirements of present and future generations.

18A[[.]]-13. [Sustainability Working Group] Department of Environmental Protection –

Office of Sustainability.

[(a) Definition. In this Section, “Group” means the Sustainability Working Group.]

[(b) Established. The Executive must appoint, subject to confirmation by the Council,

a Sustainability Working Group.]

[(c) Members.

(1) The Group has 26 members.

(2) The Executive must appoint a representative from each of the following

Departments to serve as an ex officio member:

(A) Environmental Protection;

(B) Economic Development;

(C) Finance;

(D) General Services;

(E) Management and Budget;

(F) Permitting Services;

(G) Public Information; and

(H) Transportation

(3) The Executive must invite one representative from each of the following

to serve as an ex officio member:

(A) County Council;

(B) County Planning Board;

(C) Washington Suburban Sanitary Commission;

(D) Montgomery County Public Schools;

(E) Montgomery College;

(F) a municipal government in the County; and

(G) an appropriate regional organization.

(4) The Executive must appoint 11 public members. The public members

should include:

(A) representatives of the business community;

(B) representatives of land development or building interests;

(C) representatives of energy distribution or supply firms;

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(D) persons with expertise in stormwater management;

(E) persons with expertise in clean energy and air quality;

(F) persons with expertise in forest and habitat protection;

(G) members of civic organizations active in County affairs;

(H) persons with scientific and academic expertise; and

(I) representatives of communications and media interests.

(5) The term of each member is 3 years. If a member is appointed to fill a

vacancy before a term expires, the successor serves the rest of the

unexpired term.]

[(d) Voting, officers, chairs, meetings, and compensation.

(1) Each member of the Group is a voting member.

(2) The Executive must designate the Director of the Department of

Environmental Protection and a public member to be Co-chairs.

(3) The Group meets at the call of the Co-chairs. The Group must meet as

often as necessary to perform its duties, but not less than quarterly.

(4) A member serves without compensation. However, a member may

request reimbursement for mileage and dependent care costs at rates

established by the County.]

[(e) Subcommittees. The Co-chairs, with the approval of the Group, may create one or

more subcommittees to assist in carrying out any function of the Group. Any

subcommittee must consist of at least 3 members. Any subcommittee action is not

the action of the Group and must not bind the Group or its members. The Co-

chairs must select the chair and members of each subcommittee, which may

include persons who are not members of the Group. However, the chair of each

subcommittee must be a member of the Group.]

[(f) Duties. By January 15, 2009, the Group must:

(1) conduct the greenhouse gas emissions inventory and recommend the

Climate Protection Plan as required under Section 18A-14;

(2) conduct the annual inventory of the County’s sport utility vehicles and

develop criteria to identify positions in County government that should be

assigned sports utility vehicles as required under Section 18A-19;

(3) evaluate the costs and benefits of a car share program as required under

Section 18A-22;

(4) prepare a Telecommuting Action Plan as required under Section 33-24;

(5) develop an energy baseline, energy unit savings plan, and energy cost

savings plan for each County building as required under Section 8-14B;

(6) evaluate options to create incentives for owners of commercial, multi-

family residential, and single-family residential buildings to modify those

buildings to increase their energy efficiency as required under Section 8-

14C;

(7) evaluate options to minimize the impact on affordable housing of

achieving the ENERGY STAR rating as required under Section 8-14C;

(8) evaluate options to encourage homeowners to conduct energy audits as

required under Section 40-13B;

(9) prepare a Renewable Energy Action Plan as required under Section 18A-

16 and

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(10) evaluate the costs and benefits of adopting the ASHRAE/USGBC/IESNA

Standard 189.1 as required under Section 8-53.]

[(g) Additional duties. The Group may also recommend, as appropriate, any action

that promotes the improvement of air and water quality, habitat restoration,

economic vitality, and a high quality of life for all County residents. This and

other duties of the Group must not infringe on or restrict the County Planning

Board’s authority under state and County laws to conduct land use and

transportation planning and other relevant planning and analysis.]

[(h) Annual report. By January 15 each year, the Group must submit to the Executive

and Council an annual report on:

(1) its activities, accomplishments, plans, and objectives;

(2) actions taken to implement the Climate Protection Plan, and whether the

County is meeting the goals identified in the Climate Protection Plan as

required under Section 18A-14;

(3) the use of biodiesel fuels in County vehicles, results of the sport utility

vehicle inventory, and the average fuel economy for passenger vehicles

and light trucks in the County fleet as required under Section 18A-23;

(4) action taken in the preceding year to implement the Telecommuting

Action Plan as required under Section 33-24; and

(5) steps taking in the preceding year to implement the energy unit savings

plan and energy cost savings plan for each County building as required

under Section 8-14B.]

[(i) Advocacy. The Group must not engage in any legislative advocacy at the State or

federal levels unless that activity is approved by the Office of Intergovernmental

Relations.]

[(j) Staff. The Chief Administrative Officer must provide appropriate staff to the

Group.]

(a) Created. [[The Department of Environmental Protection must create]] There is an

Office of Sustainability in the Department of Environmental Protection.

(b) Duties. The Office must:

[[(1) update the greenhouse gas emissions inventory as required under Section

18A-14;

(2) conduct the annual inventory of the County’s sport utility vehicles and

develop criteria to identify positions in County government that should be

assigned sport utility vehicles as required under Section 18A-19;

(3) develop an energy baseline, energy unit savings plan, and energy cost

savings plan for each County building as required under Section 8-14B;

(4) evaluate options to encourage homeowners to conduct energy audits as

required under Section 40-13B; and

(5) prepare an annual report, as required in subsection (c).]]

(1) promote residential energy efficiency and renewable energy programs

through direct collaboration with homeowners, renters, property managers,

real estate agents, and others to support:

(A) auditing and assessment of residential properties, including

evaluating whether the County should require a Home Energy

Score to be conducted before the sale of single-family home;

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(B) energy efficiency retrofits;

(C) utilization of available incentives from government, utilities, and

the private sector;

(D) utilization of clean energy technologies and purchasing of clean

energy; and

(E) healthy indoor air education programs;

(2) promote commercial and multi-family energy efficiency and renewable

energy programs through collaboration with commercial and multi-family

property owners, managers, and industry associations to support:

(A) benchmarking and assessment of commercial and multi-family

properties;

(B) energy efficiency retrofits;

(C) utilization of available incentives from government, utilities, and

the private sector, including alternative financing programs such as

the Property Assessed Clean Energy program; and

(D) utilization of clean energy technologies and purchasing of clean

energy;

(3) support green business development by:

(A) expanding the Montgomery County Green Business Certification

Program;

(B) evaluating and promoting other robust third party green

certification and reporting programs;

(C) connecting residents and businesses to providers of green products

and services; and

(D) fostering green business market opportunities;

(4) support tree and forest programs by:

[[(A) developing and disseminating information regarding the planting,

care, and protection of trees and forests;

(B) developing and promoting planting programs, including a program

to encourage tree planting by residents in communities, created as

a result of the County’s tree canopy law;

(C) maintaining a website that coordinates tree planting and education

efforts;

(D) compiling data on the status of tree and forest resources in the

County, including information on tree planting activities;]]

(A) developing overall and individual tree canopy and planting goals to

serve as a baseline for measuring success;

(B) connecting and informing the public about the County’s tree

planting, preservation, and programs and providing information on

tree planting techniques, tree care, species selection and related

activities, through a website created for this purpose;

(C) developing and implementing a public engagement strategy to

encourage community and individual tree planting on private and

public lands and cultivating new partnerships in support of these

activities; and

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(D) compiling and disseminating information on the status of the

County’s tree and forest resource on a regular basis;

(5) promote partnership development and civic engagement by:

(A) maintaining and leveraging partnerships with local community

groups, civic organizations, HOAs and businesses to expand the

County’s environmental educational reach

(B) organizing community-based environmental activities and outreach

programs; and

(C) promoting the environmental programming and events of

Montgomery County Public Schools, local colleges and

universities, and other educational institutions in the County;

(6) provide data analysis and research in support of County sustainability

goals and objectives by:

(A) maintaining data on County greenhouse gas emissions and building

fuel energy consumption;

(B) reporting progress on meeting the greenhouse gas reduction goals

in the 2009 Climate Protection Plan;

(C) evaluating options for a broader Countywide sustainability

reporting framework;

(D) providing research on and analysis of emerging sustainability

issues;

(E) providing any other data and analytical efforts in support of

County’s sustainability objectives; and

(F) every 2 years, beginning on [[January 15]] February 1, 2015,

applying a scoring system designed to compare the County to other

local jurisdictions on energy efficiency policies and programs; and

(7) prepare an annual report, as required in subsection (c).

(c) Annual report. By [[January 15]] February 1 each year, the Office must submit to

the [[County Executive and]] County Council an annual report on:

(1) its activities, accomplishments, plans, and objectives;

(2) actions taken to implement the Climate Protection Plan, and whether the

County is meeting the goals identified in the Climate Protection Plan as

required under Section 18A-[[14]]15;

(3) its activities to enhance tree canopy in the County; and

(4) the score established under paragraph (b)(6)(F).

18A-14. Department of General Services – Office of Energy and Sustainability.

(a) Created. There is an Office of Energy and Sustainability in the Department of

General Services.

(b) Duties. The Office must:

(1) develop an energy baseline, energy unit savings plan, and energy cost

savings plan for the County’s building portfolio;

(2) develop a comprehensive plan to reduce the energy consumption and

impact of fleet operations, which may include the use of alternative fuels,

reductions vehicle miles traveled, improvements in vehicle efficiency, or

vehicle electrification strategy;

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(3) execute plans to use Energy Performance Contracting to improve the

efficiency of County buildings, as authorized by the Director of General

Services;

(4) develop and execute the County’s renewable energy plans, including the

purchase of renewable energy and deployment of solar and other clean

energy sources across County facilities,

(5) coordinate with the Office of Procurement to develop green and

environmentally preferable purchasing plans;

(6) develop initiatives, plans, and projects to reduce the environmental impact

of County operations and foster a culture of sustainability within the

County Government; and

(7) prepare and submit data summarizing efforts to reduce the environmental

impact of County operations to any annual Sustainability report prepared

by the County Executive in collaboration with other Departments and

Agencies.

(c) Annual report. By [[January 15]] February 1 each year, the Office must submit to

the [[County Executive and]] County Council an annual report on:

(1) its activities, accomplishments, plans, and objectives;

(2) actions taken to reduce the energy consumption and impact of fleet

operations;

(3) the use of biodiesel fuels in County vehicles, results of the sport utility

vehicle inventory, and the average fuel economy for passenger vehicles

and light trucks in the County fleet as required under Section 18A-23; and

(4) steps taken in the preceding year to implement the energy unit savings

plan and energy cost savings plan for [[each County building]] the

County’s portfolio of buildings as required under Section 8-14B.

18A-[[14]]15. Climate Protection Plan.

(a) Inventory. The Office of Sustainability [Working Group] [[must]] [conduct a] in

the Department of Environmental Protection may update the greenhouse gas

emissions inventory to determine the amount of greenhouse gases emitted in the

County and submit a written report on the inventory to the County Executive and

County Council [[by January 15, [2009] 2015]].

(b) Reduction of greenhouse gas emissions. The [Sustainability Working Group]

Office [[must]] [prepare a] may update the County Climate Protection Plan [[by

January 15, [2009 that outlines] 2015]]. [[This]] Any update [[must outline a plan

to reduce]] should report the County’s progress on reducing Countywide

greenhouse gas emissions to 80% below the amount of greenhouse gas emissions

in the base year identified in the inventory prepared under subsection (a) by

January 1, 2050, including [[a plan to [stop increasing Countywide greenhouse

gas emissions by 2010 and] achieve]] any recommendations that would ensure a

10% reduction every 5 years through 2050.

* * *

(d) Preparation. In preparing [[the]] any update to the Climate Protection Plan, the

Office [Sustainability Working Group] must:

(1) consider greenhouse gas emissions reduction programs in other

jurisdictions;

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(2) evaluate the potential costs and benefits of different options for reducing

greenhouse gas emissions to the County’s economy, environment, health,

safety, and welfare; and

(3) use the best available economic models, emissions estimating techniques,

and other scientific methods.

(e) Annual report. The [Sustainability Working Group] Office of Sustainability must

submit a report to the County Executive and County Council by [[January 15]]

February 1 of each year that specifies:

(1) the actions taken to implement the Climate Protection Plan in the

preceding fiscal year; and

(2) whether the County is meeting the goals identified in the Climate

Protection Plan.

[18A-15. Carbon tax] [[Reserved]].

[(a) In this Section, the following words have the meanings indicated:

“Carbon tax’ means a tax that is proportionate to the amount of carbon dioxide

produced by an energy source.

“Fuel energy tax” means the fuel energy tax imposed under Section 52-14.

(b) The Sustainability Working Group must:

(1) evaluate the costs and benefits of converting the fuel energy tax to a

carbon tax; and

(2) submit findings and recommendations to the County Executive and

County Council by January 15, 2009, including a recommended

methodology for converting the fuel energy tax to a carbon tax.]

18A-16. [Renewable Energy Action Plan] Reserved.

[(a) Definitions. In this Section, the following words have the meanings indicated:

“Department” means the Department of Environmental Protection.

“Director” means the Director of the Department or the Director’s designee.

“Renewable energy” means the following energy sources or technology:

(1) solar;

(2) wind;

(3) geothermal;

(4) tidal;

(5) methane from anaerobic decomposition of organic materials in a landfill

or wastewater treatment plant; and

(6) any other energy source or technology which the Director finds is derived

from natural processes that do not involve the consumption of exhaustible

resources.

“Sustainability Energy Fund” means a non-profit organization which:

(1) develops end-user markets for products and services relating to energy

efficiency and renewable energy; and

(2) serves as a point-of-contact for end-users to obtain information about

products and services relating to energy efficience and renewable energy.

“Sustainability Working Group” means the Group defined in Section 18A-13.]

[(b) Study. The Sustainability Working Group must prepare a Renewable Energy

Action Plan after evaluating the costs and benefits of options to increase

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renewable energy use in and by the County, including the feasibility of creating a

Sustainability Energy Fund.]

[(c) Initial report. The Sustainability Working Group must submit a report to the

County Executive and County Council by January 15, 2009 that identifies the

components of the Renewable Energy Action Plan.]

[(d) Energy work program. The County Executive’s energy work program, required

by Section 18A-2, must identify any action necessary to implement the

Renewable Energy Action Plan.]

18A-17. Definitions.

In this Article, the following words have the meanings indicated:

[“]ASTM[”] means the American Society for Testing and Materials.

[“]B20[”] means a biodiesel blend of 20% biodiesel and 80% petroleum diesel fuels.

[“]Biodiesel[”] means any biomass-based diesel fuel certified by the Environmental

Protection Agency.

[“]Biodiesel blend[”] means a blend of biodiesel fuel, designated BXX, where XX

represents the volume percentage of biodiesel fuel in the blend.

[“]Car share program[”] means a program that allows County employees to conduct

County business using motor vehicles which:

(1) are owned or leased by the County; and

(2) County residents and businesses can lease when they are not being used for

County business.

[“]County fleet[”] means all passenger vehicles and light trucks owned or leased by the

County.

[“]County vehicle[”] means any motor vehicle owned or leased by the County.

[“]Department[”] means the Department of General Services.

[“]Diesel fuel[”] means a distillate fuel for use in diesel engines.

[“]Director[”] means the Director of the Department or the Director’s designee.

[“]Fuel economy[”] means the federal Environmental Protection Agency’s combined

(city and highway) fuel economy estimate for a vehicle.

[“]Light truck[”] means a motor vehicle with a gross vehicle weight of less than 8,500

pounds which is:

(1) designed primarily for transporting property;

(2) designed primarily for transporting persons and has a capacity of more than 12

persons; or

(3) available with special features that enable off-road operation or use.

[“]Miles per gallon[”] means the distance traveled in a vehicle powered by one gallon of

fuel.

Office of Energy and Sustainability or Office means the Office of Energy and

Sustainability in the Department of General Services created in Section 18A-[[13]]14.

[“]Passenger vehicle[”] means a motor vehicle, except a light truck or motorcycle,

designed to carry no more than 12 persons.

[“]Public safety vehicle[”] means a motor vehicle whose primary purpose is patrol,

transport, emergency response, or another purpose that requires specialized equipment or

capabilities, which is used by:

(1) the Department of Police;

(2) the Fire and Rescue Service;

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(3) the Department of Correction and Rehabilitation; or

(4) any other County department or agency.

[“Sustainability Working Group” means the Group defined in Section 18A-13.]

18A-19. Sport utility vehicles.

(a) The Office of Energy and Sustainability [Working Group] must conduct an

annual inventory of the County’s sport utility vehicles and:

(1) identify the function that each sport utility vehicle performs;

(2) identify the most fuel-efficient type of vehicle that could reasonably and

satisfactorily perform the function that each sport utility vehicle performs;

and

(3) eliminate or replace any sport utility vehicle for which a more fuel-

efficient vehicle could reasonably and satisfactorily perform the identified

function.

(b) The [Sustainability Working Group] Office must develop criteria to identify

which positions in County government should be assigned a sport utility vehicle

from the County fleet. The Director must follow this criteria when assigning

vehicles from the County fleet.

18A-20. Fuel economy standards.

(a) The Office [[of Sustainability]] [Working Group] must develop a strategy to

achieve a significant improvement in average County fleet fuel economy

standards [[as part of the Climate Protection Plan required under Section 18A-

14]].

(b) [Applicability.] This Section does not apply to public safety vehicles.

18A-23. Annual report.

By [[January 15]] February 1 each year, the Office of Energy and Sustainability

[Working Group] must submit to the County Executive and County Council a report on the:

(a) use of biodiesel in County vehicles, including the quantity, blend, price per

gallon, and average fuel consumption;

(b) results of the inventory of sport utility vehicles conducted under Section 18A-19;

and

(c) average fuel economy for passenger vehicles and light trucks in the County fleet.

40-13B. Energy performance audits—single family homes.

(a) Definitions. In this Section, the following words have the meanings indicated:

[“]Department[”] means the Department of Environmental Protection.

[“]Director[”] means the Director of the Department or the Director’s designee.

[“]Home energy audit[”] means an evaluation of the energy efficiency of a home

which includes any test or diagnostic measurement which the Department finds

necessary to:

(1) ensure that a home’s energy efficiency is accurately measured; or

(2) identify steps that can be taken to improve a home’s energy efficiency.

Office of Sustainability or Office means the Office of Sustainability in the

Department of Environmental Protection created in Section 18A-13.

[“]Single-family home[”] means a single-family detached or attached residential

building.

[“Sustainability Working Group” means the Group defined in Section 18A-13.]

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(b) Before signing a contract for the sale of a single-family home, the seller must

provide the buyer with:

(1) material approved by the Department that gives information about home

energy efficiency improvements, including the benefit of conducting a

home energy audit; and

(2) copies of the electric, gas, and home heating oil bills or cost and usage

history for the single-family home for the immediate prior 12 months,

unless the single-family home was unoccupied for the entire prior 12

months. If the seller did not occupy the single-family home for the entire

prior 12 months, the seller must provide the buyer with the required

information for that part of the prior 12 months, if any, that the seller

occupied the single-family home.

(c) The Office of Sustainability [Working Group] must evaluate options to encourage

homeowners to conduct a home energy audit, including whether the County

should require a home energy audit to be conducted before the sale of a single-

family home.

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Bill No. 8-14 Concerning: Buildings – County

Buildings – Clean Energy Renewable Technology

Revised: 3/31/2014 Draft No. 2 Introduced: January 28, 2014 Enacted: June 10, 2014 Executive: Effective: Sunset Date: None Ch. , Laws of Mont. Co.

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Councilmembers Berliner, Floreen, Riemer, Elrich, Andrews, and Navarro

AN ACT to:

(1) [[require use of certain clean energy renewable technology in the construction or

extensive modification of certain County buildings;

(2) require the Director of the Department of General Services to conduct a clean

renewable energy technology project feasibility assessment on certain County

buildings]] establish a County Clean Energy Plan and clean energy portfolio target;

(2) require the County Executive to issue regulations to define the Plan and target;

(3) require the Director of the Department of General Services to report on the progress

of the Clean Energy Plan; and

[[(2)]] (4) generally amend County law regarding building, energy, and environmental

policy.

By adding

Montgomery County Code

Chapter 8, Buildings

Article VIII, Clean Renewable Energy Technology

Sections 8-54, 8-55, 8-56, 8-57[[, 8-58]]

Boldface Heading or defined term. Underlining Added to existing law by original bill. [Single boldface brackets] Deleted from existing law by original bill. Double underlining Added by amendment. [[Double boldface brackets]] Deleted from existing law or the bill by amendment. * * * Existing law unaffected by bill.

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The County Council for Montgomery County, Maryland approves the following Act:

Sec. 1. Article VIII (Sections 8-54, 8-55, 8-56, 8-57[[, 8-58]]) is added to Chapter 8 as

follows:

Article VIII. Clean Renewable Energy Technology.

8-54. Definitions.

In this Article, the following words have the meanings indicated:

Clean energy portfolio target means a target, expressed in megawatt hour equivalents, for

establishing an amount of clean energy to be installed on the County’s portfolio of

facilities. The County’s portfolio includes any building, facility, or property in which the

County has a financial interest. A financial interest includes any ownership, lease, or

public private partnership, and any facility where the County provides 30% of total

funding.

Clean renewable energy technology means a technology or system that uses geothermal

heating and cooling, solar hot water heating, wind power, solar electricity generation, or

solar thermal generation. Clean renewable energy technology includes passive solar

energy generation that reduces energy use from other sources by at least 20%.

[[Cost effective means where the cost of installing clean renewable energy technology on

a covered County building is not projected to exceed the projected cost savings of the

installation within the first 15 years after the installation of the technology begins.]]

[[County building means any building for which the County government finances at least

30% of the cost of:

(1) construction, for a newly constructed building; or

(2) modification, for a building that is extensively modified.]]

[[Covered County building means a newly constructed or extensively modified County

building.]]

Department means the Department of General Services.

Director means the Director of the Department or the Director’s designee.

[[Extensively modify or modified refers to any structural modification which alters more

than 50% of a building’s gross floor area, as shown on an application for a building

permit.]]

[[Projected total cost means the estimated cost required to construct or renovate a

building, including any building system, interior finish, site infrastructure, connection to

any existing utility, landscaping, and sidewalk and parking lot built for the immediate use

of occupants of the building.]]

8-55. Clean energy renewable technology required.

[[(a) Any contract to build or extensively modify a County building must require the

use of clean renewable energy technology. Except as provided in subsection

[[(b)]] (c), a covered County building must have installed at least 1 kilowatt of

clean renewable energy technology for every 1,000 square feet of gross floor area.

This requirement may be met by using ground mounted clean renewable energy

technology on or directly adjacent to the building lot.

(b) Each appropriation to build or extensively modify a County building must include

an additional amount of 2% to the projected total cost funded by the County, as

shown in the project description form, subject to subsection (c).

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(c) The Director must limit the size of the clean renewable energy technology

installation if the initial cost of the installation is projected to exceed 2% of the

projected total cost of the new building or renovation. However, if the Director

transfers expenditures to the project under subsection [[(a)]] (b), the initial cost of

the installation must not exceed 4% of the projected total cost.]]

(a) By [6 months after date of enactment], the County Executive must establish, by

Method 1 Regulation, a Clean Energy Plan that includes a specific amount of on-

site clean energy that must be installed on any new or existing County facility.

This Plan must include:

(1) a clean energy portfolio target for total clean energy to be installed on

County facilities, which must exceed 1 kilowatt per 1,000 square feet of

facilities anticipated to be added to the County’s portfolio as documented

in the Capital Improvement Program;

(2) a process for vetting any new facility for potential renewable energy

installation during the design phase, including key criteria for evaluating

opportunities for solar energy;

(3) a plan to ensure that appropriate facilities are solar ready, to the extent

possible;

(4) criteria for responsible site selection to balance the County’s renewable

energy goals with other environmental objectives;

(5) a process to coordinate with County agencies on any new facility built

using at least 30% county funds; and

(6) required funding and staffing to achieve the target.

(b) The County may install a clean energy system in an alternate location in the

County to meet this requirement, including:

(1) a vacant property;

(2) a land swap or lease agreement; or

(3) any other property or facility where the County has a contractual,

budgetary, or other interest.

(c) The Executive must recommend to the Council whether funds to support solar

energy should be incorporated in a energy specific capital improvement budget,

utility Non Departmental Account, or other mechanism to overcome any funding

gap to meet the renewable energy target.

[[8-56. Project feasibility assessment. (a) The Director must perform a feasibility assessment to find whether a covered

County building can be retrofitted cost effectively to include clean renewable

energy technology. The Director may consider other factors, including:

(1) the cost to the County;

(2) any safety or security issue;

(3) any cost savings from the installation;

(4) any clean energy job creation;

(5) the clean renewable energy technology capacity of the building;

(6) environmental benefits;

(7) the technological feasibility of a retrofit; and

(8) applicable zoning requirements.

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(b) If the Director finds that installing clean renewable energy technology on a

covered County building would not be cost effective, the Director must transfer

expenditures from the covered County building project equivalent to 2% of the

projected total cost for use in another applicable project, unless no applicable

project is approved in the Capital Improvement Program. The County Council

must approve any fund transfer between projects under this Section by

resolution.]]

8-[[57]] 56. Alternative financing. (a) An alternative financing arrangement which allows leveraging of federal, state,

utility, and other incentives, including any grant, lease-purchase agreement,

power purchase agreement, or energy savings performance contract, may meet the

clean renewable energy technology requirement under this Article.

(b) The purchase of Renewable Energy Credits does not meet the clean renewable

energy technology requirement under this Article.

8-[[58]] 57. Administration; reporting.

(a) The Department must administer this Article using accepted principles of sound

accounting and fiscal management.

[[(a)]] (b) The Department must submit an annual report to the County Council and

County Executive by April 1 each year describing:

(1) the added clean renewable energy technology generation by each project;

(2) the revenues and expenditures of each project;

(3) each project supported by the Program; and

(4) [[the annual savings to the County’s utility costs from each supported

project]] the cost and energy savings resulting from the program.

[[Sec. 2. Effective date. Article VIII, inserted by Section 1 of this Act, applies to each

new or major renovation public building project for which an application for a building permit is

filed on or after January 1, 2014.]]