6-14

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-1314.

(b) Requirements. The Office of Energy and Sustainability 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 February 1, 2015 which summarizes the energy 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 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 Office prepares under subsection (b) must include a plan to use an energy performance contract unless the Office finds that the cost of using an energy performance contract outweighs the benefit.

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-15.

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.

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. Department of Environmental Protection – Office of Sustainability.

(a) Created. There is an Office of Sustainability in the Department of Environmental Protection.

(b) Duties. The Office must:

(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;

(B) energy efficiency retrofits;

(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;

(D) fostering green business market opportunities;

(4) support tree and forest programs by:

(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

(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;

(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 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).

(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-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;

(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.

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

18A-15. Climate Protection Plan.

(a) Inventory. The Office of Sustainability 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.

(b) Reduction of greenhouse gas emissions. The Office may update the County Climate Protection Plan. Any update 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 any recommendations that would ensure a 10% reduction every 5 years through 2050.

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(d) Preparation. In preparing any update to the Climate Protection Plan, the Office must:

(1) consider greenhouse gas emissions reduction programs in other jurisdictions;

(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 Office of Sustainability must submit a report to the County Executive and County Council by 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-16. Reserved.

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‑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;

(3) the Department of Correction and Rehabilitation; or

(4) any other County department or agency.

18A-19. Sport utility vehicles.

(a) The Office of Energy and Sustainability 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 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 must develop a strategy to achieve a significant improvement in average County fleet fuel economy standards.

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

18A-23. Annual report.

By February 1 each year, the Office of Energy and Sustainability 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

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.

(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 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.

Approved: