Expedited Bill No.
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Concerning: Buildings - Energy
Efficiency - Repeal
Draft No.--L
Revised:
4/30/2010
Introduced:
March 23,2010
Enacted:
May 18, 2010
Executive:
May 29,2010
Effective:
May 29, 2010
Sunset Date: _N'-'-o""'n:'.::e"::----:=--_-:::-:-:-::-_
Ch .
.-iL,
Laws of Mont. Co.
2010
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,
§
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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 unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 10-10
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Sec.
1.
Article VIII of Chapter 8 is repealed as follows:
[Article VIII. Energy Efficiency]
[8-54. Definitions.]
[In this Article, the following words have the meanings indicated:
"Covered building'
means a newly constructed:
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(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.
"Department"
means the Department of Permitting Services.
"Director"
means the Director of the Department or the Director's designee.
"ENERGY STAR rating'
means the ENERGY STAR rating developed by the
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federal Environmental Protection Agency which measures a building'S energy
efficiency.
"Home Energy Rating System"
or
"HERS"
means the energy efficiency rating
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system for residential buildings developed by RESNET.
"Qualified home energy performance rater"
means an individual who:
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(1)
(2)
is certified by RESNET as a home energy performance rater; or
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
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Environmental Protection Agency under which a building may achieve the
ENERGY STAR rating ifit:
(l)
achieves the applicable HERS index score; and
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(2)
is verified and field-tested by a qualified home energy
performance rater.
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EXPEDITED BILL
No.
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"Prescriptive path"
means the process developed by the federal Environmental
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Protection Agency under which a building may achieve the ENERGY STAR
rating if it:
(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.]
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[(a)
Design plans.
An
applicant for a building permit for a covered building
must submit to the Department:
(1)
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
(2)
any other document or information the Department finds
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.
(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.]
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EXPEDITED BILL
No.
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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 fmds necessary to accomplish the purposes of
this Article.]
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 ofthis Act.]
Sec. 3. Expedited Effective Date. The Council declares that this Act is
necessary for the immediate protection of the public interest. This Act takes effect on
[[April 1, 2010]] the date when it becomes law.
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ExPEDITED BILL
No. 10-10
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Nancy Floreen, P
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
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