AGENDA ITEM #9
April 13,2010
Public Hearing
MEMORANDUM
April 9, 2010
TO:
FROM:
SUBJECT:
County Council
..
Amanda Mihill, Legislative AnalystomtqJtU1
Public Hearing:
Expedited Bill 10-10, Buildings - Energy Efficiency - Repeal
Expedited Bill 10-10, Buildings - Energy Efficiency
Repeal, sponsored by the Council
President at the request of the County Executive, was introduced on March 23, 2010. A
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for April 28 at 2:00 p.m.
Bill 10-10 would repeal the requirement that certain residential buildings meet certain ENERGY
STAR standards; and generally amend the law relating to buildings, energy, and environmental
policy.
This packet contains:
Expedited Bill 10-10
Legislative Request Report
Memorandum from County Executive
Circle
1
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F:\LAW\BILLS\ 10 10 Buildings-Energy Efficiency-Repeal\Public Hearing Memo.Doc
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Expedited Bill No:.....
_1:..::0~-1:..::0:....-..
_ _ __
Concerning: Buildings - Energy
Efficiency - Repeal
Revised: 3/19/2010
Draft No. _1_
Introduced:
March 23, 2010
Expires:
September 23, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: ______- - - ­
Effective:
April 1, 2010
Sunset Date: -=...:N=on':"'e<------::--_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(1)
repeal the requirement that certain residential buildings meet certain ENERGY
STAR standards; and
(2)
generally amend the law relating to buildings, energy, and environmental policy.
By repealing
Montgomery County Code
Chapter 8, Buildings
Article VIII. Energy Efficiency
2008 Laws of Montgomery County, ch. 7,
§
5
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 10-10
1
2
Sec. 1. Article VIII of Chapter 8 is repealed as follows:
[Article VIII. Energy Efficiency]
[8-54. Definitions.]
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4
[In
this Article, the following words have the meanings indicated:
"Covered building'
means a newly constructed:
(1)
single-family residential building; or
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(2) multi-family residential building which is:
(A)
(B)
not a covered building under Section 8-48; and
eligible to earn the ENERGY STAR rating.
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"Department"
means the Department ofPermitting Services.
"Director"
means the Director of the Department or the Director's designee.
"ENERGY STAR rating"
means the ENERGY STAR rating developed by the
federal Environmental Protection Agency which measures a building's energy
efficiency.
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"Home Energy Rating System"
or
"HERS"
means the energy efficiency rating
system for residential buildings developed by RESNET.
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"Qualified home energy performance rater"
means an individual who:
(1 )
is certified by RESNET as a home energy performance rater; or
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(2)
meets other equivalent requirements approved by the Director.
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"RESNET'
means the Residential Energy Services Network.
"Performance path"
means the process developed by
the
federal
Environmental Protection Agency under which a building may achieve the
ENERGY STAR rating ifit:
(1)
24
achieves the applicable HERS index score; and
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(2) is verified and field-tested by a qualified home energy
performance rater.
G)
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EXPEDITED BILL
No. 10-10
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"Prescriptive path"
means the process developed by the federal Environmental
Protection Agency under which a building may achieve the ENERGY STAR
rating ifit:
(1)
complies with the applicable ENERGY STAR Builder Option
Package; and
(2)
is verified and field-tested by a qualified home energy
performance rater.]
[8-55. ENERGY STAR standard.]
[A covered building must achieve the ENERGY STAR rating under the
performance or prescriptive path.]
[8-56. Building permits; use and occupancy certificates.]
[(a)
Design plans.
An
applicant for a building permit for a covered building
must submit to the Department:
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(l)
design plans for the building that are likely to achieve the
standard under Section 8-55, as certified by a qualified
home energy performance rater; and
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(2)
any other document or information the Department fmds
necessary to decide whether the building will achieve the
standard under Section 8-55.
(b)
Building permit. The Department must require compliance with
Section 8-55 as a condition of any building permit issued for a
covered building.
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(c)
Final use and occupancy certificate. The Department must not
issue a final use and occupancy certificate for a covered building,
if a use and occupancy certificate is otherwise required, unless it
finds that the building complies with Section 8-55.]
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[8-57. Regulations.]
CD.
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EXPEDITED BILL
No. 10-10
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[The County Executive must adopt regulations under Method (2) to
administer this Article. Those regulations must specify:
(a)
any process for becoming a qualified home energy performance
rater that the Director finds is equivalent to the RESNET
certification process;
(b)
any standards and procedures under which the Director may
approve full or partial waivers of Section 8-55 when compliance
would be impractical or unduly burdensome and the waiver
would serve the public interest; and
(c)
standards and procedures for any enforcement mechanism that
the Department finds necessary to accomplish the purposes of
this Article.]
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Sec. 2. Section 5 of Chapter 7 of the 2008 Laws of Montgomery County,
as amended
by
Section 1 of Chapter 32 of the 2009 Laws of Montgomery
County, is repealed as follows:
[(a)
Section 8-55, as added by Section 4 of this Act, applies to any covered
building for which a building permit application is filed on or after April
1,2010.
(b)
By October 1, 2009, the County Executive must adopt, and submit to
the Council under County Code Section 2A-15, regulations required by
Section 8-57, as added by Section 4 of this Act.]
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Sec.
3.
Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection ofthe public interest. This Act takes effect on
April 1, 2010.
CD
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LEGISLATIVE REQUEST REPORT
Expedited Bill 10-10
Buildings-Energy Efficiency-Repeal
DESCRIPTION:
PROBLEM:
Repeals the requirement that certain residential buildings meet ENERGY
STAR standards.
Bill 30-07, Buildings Energy Efficiency required "covered buildings" to
meet the Energy Star standard for energy efficiency. In this context,
covered buildings include (I) all single family homes; and (2) multi-family
buildings that are eligible for the Energy Star rating and not covered by the
County's Green Buildings Law. Bill 44-09, Buildings Energy Efficiency
- Deferral deferred the effective date of these provisions to April 1,2010.
Bill 30-07 included language that authorized the Department of
Environmental Protection (DEP) to "suspend" the applicability of the
Energy Star standard until April I, 2010 ifDEP found an alternative
standard that:
(l)
achieved the same energy efficiency goals; and (2) was
less costly to builders and buyers of covered buildings. Following a
comprehensive analysis of a number of alternative standards, DEP
concluded that the 2009 International Energy Conservation Code (IECC
2009), with a local modification that would require a blower door test as a
method of verifying compliance, would result in building energy
performance that was comparable to the Energy Star standard.
Maryland adopted IECC 2009 as the State energy code (effective January I,
2010) and mandated that all local jurisdictions adopt this code by June 1,
2010. As adopted by the International Code Council (ICC), IECC 2009
includes two paths for verification a blower door test or visual inspection
of various components of a building's air barrier and insulation. This bill
recognizes that the ICC's consensus-based code development process
determined that IECC 2009 will achieve the same energy performance
regardless of the verification option selected by the builder.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITmN
MUNICIPALITIES:
PENALTIES:
To repeal the ENERGY STAR mandate that applies to single-family homes
and certain other residential bui Idings.
Department of Permitting Services
Completed.
To be requested.
To be requested.
Hadi Mansouri, Chief, Division of Building Construction, DPS
Stan Edwards, Chief, Compliance Division, DEP
To be determined.
Class A
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
lsiah Leggett
County Executive
MEMORANDUM
"!?
March 16,2010
\fl
W
TO:
FROM:
SUBJECT:
Nancy Floreen, Council President
Isiah Leggett, County Executive
~7
~
y
Proposed Legislation to Repeal the Energy Star Standard for Covered Buildings
. I am forwarding to Council for introduction an Expedited Bill that would repeal
provisions of the County Code which were added by Bill 30-07, Buildings Energy Efficiency
that require "covered buildings" to meet the Energy Star standard for energy efficiency. In this
context, covered buildings include: (1) single family homes; and (2) multi-family buildings that
are eligible for the Energy Star rating and not covered by the County's Green Buildings Law
(i.e., buildings that are three stories or less). I am also forwarding a Legislative Request Report
for this bill.
Bill 30-07 made the Energy Star standard applicable to any covered building for
which a building permit application is filed on or after January 1,2010. Bi1l44-09, Buildings
Energy Efficiency - Deferral (which the Council passed on December 10,2009) deferred the
applicability of the bill to building permit applications filed on or after April 1, 2010.
Bill 30-07 included language that authorized the Department of Environmental
Protection (DEP) to "suspend" the applicability of the Energy Star standard until April 1, 2010 if
DEP found an alternative standard that:
(1)
achieved the same energy efficiency goals; and (2)
was less costly to builders and buyers of covered bUildings. Following a comprehensive analysis
of a number of alternative standards, DEP concluded that the 2009 International Energy
Conservation Code (IECC 2009), with a local modification that would require a blower door test
as a method of verifying compliance, would result in building energy performance that was
comparable to the Energy Star standard. The blower door test is projected to cost $200-$400 for
the average sized home.
Maryland adopted IECC 2009 as the State energy code (effective January 1,
2010) and mandated that all local jurisdictions adopt this code by June 1,20 IO. As adopted by
the International Code Council (ICC), IECC 2009 includes two paths for verification a blower
door test or visual inspection of various components of a building's air barrier and insulation.
Based on discussions with the Department of Permitting Services (DPS) and DEP, I am
convinced that IECC 2009 will achieve the energy efficiency goals of Bill 37-07 regardless of
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Nancy Floreen
March 16,2010
Page 2
the verification option selected by the builder. Recognizing that the ICC's consensus-based code
development process includes representatives from across the construction industry, including
code regulators and industry representatives, I am reluctant to specify one verification method is
more effective than the other. In addition, mandating a blower door test would increase the cost
of constructing a new home by $200-$400 (or more if multiple tests were required), something I
do not recommend given the current state of the construction industry.
Representatives ofDPS can provide more information to Council on IECC 2009,
and the processes used by builders and DPS to ensure that buildings comply with applicable
energy codes.
In
addition, it would be appropriate for DPS and DEP to update the Council
periodically on the status of changes to building codes like IECC, as well as voluntary standards
like Energy Star. Significant changes to codes and standards are likely in the years ahead due to
increased interest in improving the energy efficiency of all buildings, and the development of
new energy related technologies and practices.
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Attachments
cc:
Kathleen Boucher, Assistant Chief Administrative Officer
Carla Reid, Director, Department of Permitting Services
Robert Hoyt, Director, Department of Permitting Services